CONTENTS
- 1. The Client Who Came to the Unpaid Receivables Lawyer
- - The Unpaid Receivables Lawyer's Organization of the Issues in the Case
- - The Unpaid Receivables Lawyer's Assistance Was
- - Result of the Unpaid Receivables Lawyer's Assistance
- 2. Key Points of a Settlement Amount Claim Lawsuit Explained by the Unpaid Receivables Lawyer
- - Conditions of a Settlement Amount Claim Lawsuit
- 3. If You Need the Assistance of an Unpaid Receivables Lawyer
1. The Client Who Came to the Unpaid Receivables Lawyer
The client who came to the unpaid receivables lawyer was the representative of Company A, which was established for the purpose of logistics outsourcing such as inventory management and parcel delivery management.
The client entered into a contract with Company D (hereinafter the defendant), which sells accessories, bags, and similar goods, under which the client would handle everything from order management to delivery and inventory management on the defendant's behalf and receive an agency fee in return.
However, not long after the contract was concluded, the defendant's side began to claim that "the goods were not properly shipped" and that "the inventory quantities do not match," among other things.
Although the client had never breached the contract, and all matters related to the work could be easily verified through an integrated management system, the defendant continued to engage in abusive conduct, such as holding the client's company employees responsible and pressing them.
Concluding that it was no longer possible to maintain a contractual relationship of mutual respect, the client gave notice of intent to terminate the contract, but the defendant's side claimed that it could not settle the agency fee.
The client ultimately resolved to recover the settlement amount through civil litigation, and came to request a consultation with the unpaid receivables lawyer.
The Unpaid Receivables Lawyer's Organization of the Issues in the Case
The unpaid receivables lawyer first reviewed the relevant legal principles and the facts.
Article 543 of the Civil Act, where a condition allowing termination is specified in the contract or the termination requirements prescribed by law are satisfied, termination of the contract is possible.
(1) Where one or both of the parties have the right to terminate or rescind a contract by virtue of the contract or the provisions of law, such termination or rescission shall be effected by a declaration of intent to the other party.
(2) The declaration of intent referred to in the preceding paragraph may not be withdrawn.
Accordingly, the unpaid receivables lawyer focused on proving that the responsibility for the client's termination of the contract lay with the defendant.
The Unpaid Receivables Lawyer's Assistance Was
1) Clear Proof of the Client's Performance of the Contract
In cooperation with the internal digital forensics center, the lawyer collected the messages, email records, work logs, and shipping records exchanged between the client and the defendant.
Through the collected records, the lawyer proved that the work process matched exactly by comparing the shipping records with messages the client had sent, such as "Upon verification, the goods were properly shipped on the 00th at 00:00" and "The processing result can be confirmed in the system."
Through this, the lawyer strongly argued that the client had clearly performed the contractual obligations.
2) Argument That the Right to Claim Return of the Settlement Amount Had Arisen
Analyzing the defendant's transaction records together with the internal evidence investigation center, the lawyer discovered that the defendant's side had given notice of intent to enter into a contract with a new company about 2 months after entering into the contract with the client.
Through this, the lawyer asserted that the reason the defendant's side had engaged in so-called abusive conduct and claimed nonperformance by the client was to break the contract in question and enter into a contract with a new company.
The unpaid receivables lawyer accordingly specified the contractual clause stating that "the contract may be terminated where one intentionally damages the other party's reputation or causes harm," and emphasized that the client's legal right to claim the settlement amount had arisen.
Result of the Unpaid Receivables Lawyer's Assistance
As a result of the unpaid receivables lawyer's assistance, the court acknowledged that the defendant had intentionally defamed the client in order to break the contract, and that the client had faithfully performed the contractual obligations.
Accordingly, pursuant to Article 543 of the Civil Act, the court ruled that the defendant must pay the client the full amount of the unpaid settlement amount.
2. Key Points of a Settlement Amount Claim Lawsuit Explained by the Unpaid Receivables Lawyer
A settlement amount claim lawsuit may be filed where a party has agreed to receive a specific sum under a contract or agreement and the other party fails to perform that payment.
In order to file a settlement amount claim lawsuit, the following conditions must be satisfied.
Conditions of a Settlement Amount Claim Lawsuit
Category | Requirement |
Existence of a Contract | A state in which a transaction exists, such as a contract or written agreement |
Arrival of the Payment Deadline | A state in which the agreed payment date has passed or the conditions have been satisfied yet payment has not been made |
Performance of Contractual Obligations | It must be confirmed that the claimant has performed his or her own obligations, such as delivering goods or providing services |
Nonperformance by the Other Party | A declaration of intent to refuse payment, or a prolonged state of nonperformance, exists |
the party claiming the settlement amount (the plaintiff) must prove that it has performed its contractual obligations, it is important to secure objective materials and respond from the early stage.
3. If You Need the Assistance of an Unpaid Receivables Lawyer
If you are considering a settlement amount claim lawsuit, it is important to review all aspects in advance, such as the contents of the contract, the payment conditions, the facts of performance, and the supporting materials, and then respond systematically.
The unpaid receivables lawyer clearly reviews the contract and the facts and forms a response strategy that can highlight the favorable aspects.
In addition, in cooperation with the internal evidence investigation center and the digital forensics center, the lawyer collects the work logs, messages, and emails that can prove that the contract was performed.
On the basis of the contract, the written agreement, the quotation, and similar documents, the lawyer organizes the settlement method and payment conditions and clarifies the points in dispute.
▶ Systematic Organization of Materials Proving Performance
The lawyer selects materials that can support performance of the contract, such as work logs, transaction records, messages, and emails, and builds an evidentiary structure.
▶ Focused Highlighting of the Other Party's Nonperformance
The lawyer organizes the circumstances of the delay or refusal of payment and sets the direction of the arguments so that the other party's responsibility is clearly revealed.
If you need the assistance of an unpaid receivables lawyer, please review your current situation and receive guidance on a specific response direction through a 🔗Legal Consultation Reservation.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
